ML071650437

Oyster Creek Nuclear Generating Station - Issuance of Amendment Request to Revise Annual Radioactive Effluent Release Report Sutmittal Date (TAC No. MD4603)

ML071650437
Person / Time
Site:	Oyster Creek
Issue date:	08/08/2007
From:	Miller G E NRC/NRR/ADRO/DORL/LPLI-1
To:	Crane C M AmerGen Energy Co
Shared Package
ml071650449	List: ML071650437
References
TAC MD4603
Download: ML071650437 (10)

Text

August 8, 2007Mr. Christopher M. CranePresident and Chief Executive Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - ISSUANCE OF AMENDMENT RE: REQUEST TO REVISE ANNUAL RADIOACTIVE EFFLUENT RELEASE REPORT SUBMITTAL DATE (TAC NO. MD4603)

Dear Mr. Crane:

The Commission has issued the enclosed Amendment No. 264 to Facility Operating LicenseNo. DPR-16 for the Oyster Creek Nuclear Generating Station (Oyster Creek). The amendment consists of changes to the Technical Specifications in response to your application datedNovember 27, 2006. The amendment revises the submittal date for the Annual Radioactive Effluent Release Report. Specifically, the required submittal date is revised from "within 60 days after January 1, each year," to "prior to May 1 of each year." A copy of the related Safety Evaluation is also enclosed. Notice of Issuance will be included inthe Commission's biweekly Federal Register notice. Sincerely,/RA/G. Edward Miller, Project ManagerPlant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-219

Enclosures:

1. Amendment No. 264 to DPR-16

2. Safety Evaluationcc w/encls: See next page August 8, 2007Mr. Christopher M. Crane President and Chief Executive Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - ISSUANCE OF AMENDMENT RE: REQUEST TO REVISE ANNUAL RADIOACTIVE EFFLUENT RELEASE REPORT SUBMITTAL DATE (TAC NO. MD4603)

Dear Mr. Crane:

The Commission has issued the enclosed Amendment No. 264 to Facility Operating LicenseNo. DPR-16 for the Oyster Creek Nuclear Generating Station (Oyster Creek). The amendment consists of changes to the Technical Specifications in response to your application datedNovember 27, 2006. The amendment revises the submittal date for the Annual Radioactive Effluent Release Report. Specifically, the required submittal date is revised from "within 60 days after January 1, each year," to "prior to May 1 of each year." A copy of the related Safety Evaluation is also enclosed. Notice of Issuance will be included inthe Commission's biweekly Federal Register notice. Sincerely,/RA/G. Edward Miller, Project Manager Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-219

Enclosures:

1. Amendment No.264 to DPR-16

2. Safety Evaluationcc w/encls: See next page DISTRIBUTION

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RidsNrrDorlLpl1-2(HChernoff)RidsNrrLAABaxterPackage Accession Number: ML071650449Amendment Accession Number: ML071650437TS(s) Accession Number: ML07OFFICELPLI-2/PMLPLI-2/LADIRS/IHPB/BC(A)DIRS/ITSB/BCOGCLPLI-2/BCNAMEGEMillerABaxterRPedersenTKobetzMBatyHChernoffDATE07/25/0708/02/0707/27/0708/01/0708/07/0708/08/07OFFICIAL RECORD COPY

AMERGEN ENERGY COMPANY, LLC DOCKET NO. 50-219OYSTER CREEK NUCLEAR GENERATING STATIONAMENDMENT TO FACILITY OPERATING LICENSEAmendment No. 264License No. DPR-161.The Nuclear Regulatory Commission (the Commission) has found that:A.The application for amendment by AmerGen Energy Company, LLC, (thelicensee), dated November 27, 2006, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I;B.The facility will operate in conformity with the application, the provisions of theAct, and the rules and regulations of the Commission;C.There is reasonable assurance: (i) that the activities authorized by thisamendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations;D.The issuance of this amendment will not be inimical to the common defense andsecurity or to the health and safety of the public; and E.The issuance of this amendment is in accordance with 10 CFR Part 51 of theCommission's regulations and all applicable requirements have been satisfied. 2.Accordingly, the Facility Operating License is amended by changes to the TechnicalSpecifications as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Facility Operating License No. DPR-16 is hereby amended to read as follows.(2)Technical SpecificationsThe Technical Specifications contained in Appendices A and B, as revisedthrough Amendment No.264, are hereby incorporated in the license. AmerGen Energy Company, LLC, shall operate the facility in accordance with the Technical Specifications. 3.This license amendment is effective as of the date of its issuance and shall beimplemented within 60 days of the date of issuance.FOR THE NUCLEAR REGULATORY COMMISSION/RA/Harold K. Chernoff, ChiefPlant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Facility Operating License and Technical SpecificationsDate of Issuance: August 8, 2007 ATTACHMENT TO LICENSE AMENDMENT NO.264 FACILITY OPERATING LICENSE NO. DPR-16DOCKET NO. 50-219Replace page 3 of Facility Operating License No. DPR-16 with the attached revised page 3. The revised page is identified by amendment number and contains a marginal line indicatingthe area of change.Replace the following page of the Technical Specifications with the attached page. The revisedpage is identified by amendment number and contains marginal lines indicating the areas ofchange. RemoveInsert6-146-14 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATIONRELATED TO AMENDMENT NO.264 TO FACILITY OPERATING LICENSE NO. DPR-16AMERGEN ENERGY COMPANY, LCCOYSTER CREEK NUCLEAR GENERATING STATIONDOCKET NO. 50-21

91.0INTRODUCTION

By application dated November 27, 2006 (Agencywide Documents Access and ManagementSystem (ADAMS) Accession No. ML063320196), AmerGen Energy Company, LLC (AmerGen or the licensee) requested changes to the Technical Specifications (TSs) for the Oyster CreekNuclear Generating Station (Oyster Creek). The Nuclear Regulatory Commission (NRC) staff's original proposed no significant hazards consideration determination was published in the Federal Register on May 8, 2007 (72 FR 26174). The proposed amendment would revise the submittal date for the Annual Radioactive EffluentRelease Report. Specifically, the required submittal date is revised from "within 60 days after January 1, each year," to "prior to May 1 of each year."

2.0REGULATORY EVALUATION

Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Section 50.36a(a)(2) states: Each licensee shall submit a report to the Commission annually that specifies thequantity of each of the principal radionuclides released to unrestricted areas in liquid and in gaseous effluents during the previous 12 months, including any other information as may be required by the Commission to estimate maximum potential and annual radiation doses to the public resulting from effluent releases. The report must be submitted as specified in § 50.4, and the time between submission of the reports must be no longer than 12 months. If quantities of radioactive materials released during the reporting period are significantly above design objectives, the report must cover this specifically. On the basis of these reports and any additional information the Commission may obtain from the licensee or others, the Commission may require the licensee to take action as the Commission deems appropriate.

3.0TECHNICAL EVALUATION

3.1Description of Proposed ChangeThe proposed change would revise TS 6.9.1.d, "Annual Radioactive Effluent Release Report,"from: The Annual Radioactive Effluent Release Report covering the operations of theunit during the previous 12 months of operation shall be submitted within 60 days after January 1, each year. The Report shall include a summary of the quantities of radioactive liquid andgaseous effluent and solid waste released from the unit. The material provided shall be: (1) consistent with the objectives outlined in the ODCM [Offsite Dose Calculation Manual] and (2) PCP [Process Control Program]; and (3) in conformance with 10 CFR 50.36(a) and Section IV.B.1 Appendix I to 10 CFR Part 50. to: The Radioactive Effluent Release Report covering the operation of the unitduring the previous year shall be submitted prior to May 1 of each year in accordance with 10 CFR 50.36a. The report shall include a summary of the quantities of radioactive liquid and gaseous effluent and solid waste released from the unit. The material provided shall be consistent with the objectives outlined in the ODCM and Process Control Program and in conformance with 10 CFR 50.36a and 10 CFR Part 50, Appendix I, Section IV.B.1. 3.2Evaluation of Proposed Changes The proposed wording for TS 6.9.1.d would continue to require the same content as theexisting wording such that the material provided is consistent with the ODCM, PCP, and applicable regulations. The NRC staff finds that the time-frame proposed by the licensee would continue to keep the Commission informed, consistent with the intent of 10 CFR 50.36a(a)(2) while allowing the licensee sufficient time to prepare the report. Given that the information to be submitted will remain the same and the revised reporting date is appropriate, the proposed TS 6.9.1.d will continue to meet the requirements of 10 CFR 50.36a(a)(2). The NRC staff, therefore, finds the proposed change to be acceptable. The NRC staff notes that the requested TS change will create a unreported period during thefirst iteration of the new reporting date (i.e., between 60 days after January 1 and May 1 of the year following implementation). In the absence of an exemption from the requirement of 10 CFR 50.36a(a)(2) that the time between submission of reports be no longer than 12 months, AmerGen will need to submit an additional report covering the previous 12 months such that the requirements of 10 CFR 50.36a(a)(2) will continue to be met.

4.0STATE CONSULTATION

In accordance with the Commission's regulations, the New Jersey State official was notified ofthe proposed issuance of the amendment. The State official had no comments.

5.0ENVIRONMENTAL CONSIDERATION

The amendment relates to changes in recordkeeping, reporting, or administrative procedures orrequirements. Accordingly, the amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(10). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendment.

6.0CONCLUSION

The Commission has concluded, based on the considerations discussed above, that: (1) thereis reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public. Principal Contributor: G. E. Miller Date: August 8, 2007 Oyster Creek Nuclear Generating StationSite Vice President - Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731Senior Vice President of Operations AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348Kathryn M. Sutton, EsquireMorgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004Kent Tosch, ChiefNew Jersey Department of Environmental Protection Bureau of Nuclear Engineering

CN 415 Trenton, NJ 08625Vice President - Licensing and Regulatory Affairs AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555Regional Administrator, Region IU.S. Nuclear Regulatory Commission

475 Allendale Road King of Prussia, PA 19406-1415Mayor of Lacey Township818 West Lacey Road Forked River, NJ 08731Senior Resident InspectorU.S. Nuclear Regulatory Commission P.O. Box 445 Forked River, NJ 08731Director - Licensing and Regulatory AffairsAmerGen Energy Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348Manager Licensing - Oyster CreekExelon Generation Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348Regulatory Assurance Manager Oyster Creek AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731Assistant General CounselAmerGen Energy Company, LLC 200 Exelon Way Kennett Square, PA 19348Ron Bellamy, Region IU.S. Nuclear Regulatory Commission

475 Allendale Road King of Prussia, PA 19406-1415Correspondence Control DeskAmerGen Energy Company, LLC 200 Exelon Way, KSA 1--1 Kennett Square, PA 19348Oyster Creek Nuclear Generating StationPlant Manager AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731